KEVAL HARESHBHAI SHAH Vs. SUBHASHBHAI TULSIDAS MEHTA
LAWS(GJH)-2023-1-814
HIGH COURT OF GUJARAT
Decided on January 25,2023

Keval Hareshbhai Shah Appellant
VERSUS
Subhashbhai Tulsidas Mehta Respondents

JUDGEMENT

A.J.DESAI, J. - (1.)By way of present First Appeal under Sec. 19 of the Family Courts Act, 1984 read with Sec. 47 of the Guardian and Wards Act, 1890, the original respondent - father of minor female child viz. Dhyani, whose date of birth is 5/11/2016, has challenged the judgment and order dtd. 20/1/2022 passed by the learned Principal Judge, Family Court, Jamnagar (hereinafter referred to as "learned Judge") in Civil Misc. Application No.04/2021 by which the said application filed by the respondents herein - grand parents of the minor Dhyani came to be allowed directing the appellant herein - original respondent to drop the minor daughter Dhyani at the house of respondents herein at 10.00 a.m. and take her back at 06.00 p.m. on every second and fourth Sunday of each calendar month.
(2.)The short facts arising from the record of the case are as follows:
[2.1] That, the appellant herein married daughter of the respondents herein viz. Mamta on 4/7/2014 at Jamnagar. Out of the wedlock, the appellant herein and Mamta became parents of minor Dhyani on 5/11/2016. That, in an unfortunate incident, the mother of minor Dhyani i.e. Mamta passed away due to electrocution on 13/11/2019. Thereafter, minor Dhyani was residing with her father i.e. appellant herein at Jamnagar at the address shown in the cause title of the present proceedings.

[2.2] It was the case of the respondents while filing application under Ss. 5, 7 and 17 of the Guardian and Wards Act, 1890 that the present appellant i.e. the father of minor Dhyani is likely to marry again and was not permitting them to meet minor Dhyani and therefore, requested to grant custody of minor Dhyani. The said application was opposed by the appellant herein.

[2.3] The learned Judge after considering the case before him, allowed Civil Misc. Application No.04/2021 vide the impugned order. Hence, present First Appeal.

(3.)Learned advocate Mr. Harshil Dattani has filed caveat on behalf of the respondents herein - grand parents of minor Dhyani and has assisted this Court.


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